Board of Directors for Mental Health Services Regulations, 2015

VERĩJONI ELETTRONIKA

L.N. 343 of 2015

HEALTH ACT

(CAP. 528)

Board of Directors for Mental Health Services Regulations, 2015

IN EXERCISE of the powers conferred by article 30 of the

Health Act, the Parliamentary Secretary for Health has made the

following regulations:-

(1) The title of these regulations is the Board of Citation and

commencement.

Directors for Mental Health Services Regulations, 2015.

(2) These regulations shall come into force on such date as the

Minister may establish by notice in the Gazette, and different dates

may be established for different provisions of these regulations.

In these regulations, unless the context otherwise requires - Interpretation.

"Act" means the Health Act;

"Board" means the Board of Directors for Mental Health

Services established by regulation 3;

"chief executive officer" means the person responsible for the

management of a licensed facility as established by article 2 of the

Mental Health Act;

"clinical director" means the specialist responsible for the

clinical care provided by a licensed facility as established by article 2

of the Mental Health Act;

"Commissioner" means the Commissioner for the Promotion of

Rights of Persons with Mental Disorders established by article 5 of

the Mental Health Act;

"Minister" means the Minister responsible for Health.

(1) There shall be established a board, to be known as Setting up of the

the Board of Directors for Mental Health Services, which shall Board.

consist of a Chairman and such number of other members not being

less than six who shall be appointed by the Minister.

(2) The Chairman and the members of the Board of Directors

appointed by the Minister shall include

VERĩJONI ELETTRONIKA

(a)

a member from the medical profession;

(b)

a member from the nursing profession;

(c)

a member from the professions within the Allied

Health Care Services Directorate;

(d)

a member from the financial profession;

(e)

a member from the public;

(f)

a member representing the Minister;

(g) ex officio the Clinical Director of Mount Carmel

Hospital as a non-voting member;

(h) ex officio the Chief Executive Officer of Mount

Carmel Hospital as a non-voting member.

(3) Subject to the provisions of this regulation, the office of a

member of the Board shall become vacant -

(a) at the expiration of three years from the date of his

appointment or at such earlier time as may be specified in the

instrument by which he was appointed; or

(b) if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as such.

(4) A member of the Board may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit to

continue in office or has become incapable of properly performing his

duties as a member, whether arising from infirmity of mind or body or

any other cause, or for misbehaviour.

(5) The Board will be responsible and accountable for its

performances only to the Minister.

(6) A nominal remuneration shall be due to the Chairman as

agreed in the instrument of his appointment. There shall be no

remuneration due to ordinary members.

(1) The meetings of the Board shall be called by the

Chairman as often as may be necessary but at least once a month

either on his own initiative or at the request of any two of the other

members.

(2) Half the number of members for the time being

VERĩJONI ELETTRONIKA

constituting the Board, shall form a quorum. Decisions shall be

adopted by a simple majority of the votes of the members present and

voting. The Chairman, or in his absence the Deputy Chairman or

other member appointed to act as chairman, shall have an initial vote

and in the event of an equality of votes, a casting vote.

(3) Subject to the provisions of the Act and, or these

regulations, the Board may regulate its own procedure.

(4) Subject to the foregoing provisions of this regulation, no

act or proceeding of the Board shall be invalidated merely by reason

of the existence of any vacancy among the members.

(1) In general it shall be the responsibility of the Board Functions and

to advise the Minister on a high-level strategic vision for the mental responsibilities

of the Board.

health services offered by the national health system, including at

Mount Carmel Hospital, as well as to ensure that the executive

decision-making process follows the lead established by the same

strategic vision.

(2) In particular, the functions and duties of this Board shall

include

(a)

the setting of targets and measurable objectives for

the mental health services;

(b) advising the Minister upon strategies and objectives

for the mental health services;

(c)

the cooperation on mental health issues within its

remit with local and international organisations;

(d) carrying out such other function or functions as the

Minister may from time to time determine and direct;

(e)

implementing any other matter required for the

fulfilment of its mission, and for the execution of duties

pertaining to the State

Provided that the clinical responsibility for mental health

services shall remain vested in the clinical director as established by

the Mental Health Act

Provided further that notwithstanding the provisions of

regulation 3, the administrative and management responsibility shall

remain vested in the chief executive officer as established by the

Mental Health Act

VERĩJONI ELETTRONIKA

Provided also that, without prejudice to any other

provision contained in any other legislation and, or in the instrument

of his appointment, besides his other functions and responsibilities, it

shall also be the responsibility of the chief executive officer to

implement the decisions regarding the operation of the mental health

services taken by the Board

Provided finally that nothing in these regulations shall

have any effect on the duties and functions vested in the

Commissioner.

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